eu rohs amendments: meet the new rohs. same as the old rohs?

Jean-Cyril WalkerPartner

Keller and Heckman LLP1001 G St., NW

Washington, D.C. 20001202-434-4181

[email protected]

www.khlaw.com

Washington, D.C. ● Brussels ● San Francisco ● Shanghai

EU RoHS AMENDMENTS:Meet the New RoHS. Same as

the Old RoHS?

Information Technology Industry CouncilSpring Meeting

March 19, 2009

2│ www.khlaw.com │ KELLER AND HECKMAN LLP Copyright © 20092

Why revise RoHS? Review required under Article 6 of current directive

Clearer directive – simpler in operation

Improve enforcement at the national level

Adapt to technical and scientific progress

Complement and increase coherence with other EU legislation


Summary of Key Changes• Change to RoHS scope

• Use of REACH methodology for new substances○ No new substances proposed

• RoHS exemptions - limited to 4 years – new review mechanism

• Incorporate Market Surveillance to reduce non-compliant products


Changes to RoHS Scope• Basic objectives remain the same

• RoHS de-linked from WEEE○ WEEE Categories 8 & 9 added

- Medical devices, monitoring and control instruments – 1/2014- In vitro diagnostic and medical devices – 1/2016- Industrial monitoring and control instruments – 1/2017- Active implantable medical devices – TBD by 2020

• Excludes spare parts for repair or re-use○ “Placed on the market” before 7/1/2006○ Category 8 & 9 products placed on the market before dates above○ Equipment subject to an exemption and placed on market before

exemption expires


New Substances• Based on unacceptable risk to human health or environment

• Substances to be chosen “based on” Articles 69-72 of REACH (lengthy process)

• Particular attention to substances in Articles III○ Hexabromocyclododecane (HBCDD)○ Diethylhexyl phthalate (DEHP)○ Butyl benzyl phthalate (BBP)○ Dibutyl phthalate (DBP)○ !!!! TBBPA – not listed for consideration!!!


Changes to Exemption Process

• 4 year limitation – subject to renewal○ Submit renewal requests 18 months before expiration

• Additional exemption criteria○ Availability and reliability of substitutes○ Consideration of “socio-economic” factors

• Exemption review – should be less political○ Dealt with by TAC not Parliament & Council

• Commission to develop rules for exemption process○ Application data○ Substitution plan (in line with REACH)

• Decision process – need for certainty pending decision


Market Surveillances• RoHS II to incorporate new legislative framework

○ Specifies obligations – manufacturers, imports, distributors- Sample testing

- Identification labeling

- Defect/recall information/notification

• CE marking required

• Conformity assessment – standard TBD○ Presumption of conformity

• Member states to conduct market surveillance


Timing and Opportunities

• Timing Estimates (Rough)○ First reading – late 2009/early 2010○ Adoption – Spring/Summer 2010○ Entry into Force – mid/late 2012

• Opportunities for Impact○ Members of Environmental Committee○ Rapporteurs ○ Department of Commerce○ WTO consultation process?


Any questions?

Jean-Cyril WalkerPartner

Keller and Heckman LLP1001 G St., NW

Washington, D.C. 20001202-434-4181

[email protected]

www.khlaw.com

Washington, D.C. ● Brussels ● San Francisco ● Shanghai

Thank you!

eu rohs amendments: meet the new rohs. same as the old rohs?

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